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Tri Party Agreement Home Loan Template for New Zealand

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Key Requirements PROMPT example:

Tri Party Agreement Home Loan

"I need a Tri Party Agreement Home Loan document for a New Zealand property development project where the third party is a family trust providing additional security, with the loan amount being $2.5 million and settlement scheduled for March 2025."

Document background
The Tri Party Agreement Home Loan is a specialized financial instrument used in New Zealand when a home loan arrangement requires the involvement of three distinct parties. This document is typically employed when a guarantor or third party has a significant role in the loan arrangement, such as providing additional security or guarantees. The agreement ensures compliance with New Zealand's regulatory framework, particularly the Credit Contracts and Consumer Finance Act 2003, while protecting the interests of all parties involved. It is commonly used in situations involving family guarantors, trust arrangements, or complex property transactions where traditional bilateral loan agreements are insufficient. The document comprehensively covers loan terms, security arrangements, rights and obligations of all parties, default provisions, and enforcement mechanisms, providing a robust legal framework for the lending arrangement.
Suggested Sections

1. Parties: Identifies and defines all three parties: Lender, Borrower, and Third Party/Guarantor

2. Background: Sets out the context of the agreement, including the purpose of the loan and role of each party

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Loan Facility: Details of the loan amount, purpose, and drawdown conditions

5. Interest and Payments: Interest rate details, payment schedule, and calculation methods

6. Security Arrangements: Details of mortgage security and any additional security requirements

7. Conditions Precedent: Conditions that must be satisfied before the loan becomes available

8. Representations and Warranties: Statements of fact and assurances from all parties

9. Covenants: Ongoing obligations of each party throughout the loan term

10. Events of Default: Circumstances constituting default and consequences

11. Third Party Obligations: Specific obligations and commitments of the third party

12. General Provisions: Standard clauses including notices, amendments, governing law

13. Execution: Signing provisions and execution blocks for all parties

Optional Sections

1. Multiple Property Securities: Required when the loan is secured against more than one property

2. Additional Guarantors: Required when there are multiple guarantors involved

3. Insurance Requirements: Detailed insurance obligations when specific insurance arrangements are required

4. Construction Provisions: Required for construction loans or property development

5. Cross-Collateralization: Required when security properties are cross-collateralized with other loans

6. Specific Purpose Covenants: Required when loan is for a specific purpose with special conditions

Suggested Schedules

1. Schedule 1 - Loan Details: Key financial terms including loan amount, interest rate, term, and payment schedule

2. Schedule 2 - Security Properties: Details of all properties provided as security including legal descriptions

3. Schedule 3 - Conditions Precedent: Detailed list of all conditions to be satisfied before drawdown

4. Schedule 4 - Fee Schedule: Comprehensive list of all fees and charges applicable to the loan

5. Schedule 5 - Direct Debit Authority: Payment authorization and bank account details

6. Appendix A - Disclosure Statement: Initial disclosure statement required under CCCFA

7. Appendix B - Security Documents: Forms of security documents including mortgage instruments

8. Appendix C - Guarantor's Independent Legal Advice Certificate: Confirmation of independent legal advice for guarantors

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




















































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Relevant Industries

Banking and Financial Services

Real Estate

Legal Services

Mortgage Broking

Property Development

Construction

Insurance

Relevant Teams

Legal

Compliance

Credit Assessment

Risk Management

Mortgage Services

Customer Relations

Document Processing

Settlements

Financial Advisory

Loan Operations

Relevant Roles

Loan Officer

Mortgage Specialist

Credit Manager

Legal Counsel

Compliance Officer

Risk Manager

Financial Adviser

Mortgage Broker

Property Lawyer

Banking Relationship Manager

Credit Analyst

Underwriter

Trust Manager

Settlement Officer

Industries








Teams

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